MIDDLEBURG – When it comes to his disability, 23-year veteran Jimmy Moore said all he wants is to be treated fairly.
He said it’s been difficult, when for the last 11 years, he and his wife have been fighting a complicated battle with their homeowner’s association.
“I feel that they are violating my civil rights,” Jimmy said.
Since 2014, Jimmy and his wife, Miranda, said they have aimed to make accommodations to their home in the Villages of Fireside at Middleburg; however, they were denied each time.
And after making them anyway, the two said they’re now facing a lawsuit. With their online petition, the two said they hope to raise awareness about their situation.
Jimmy, who has multiple sclerosis, said they submitted various plans to their HOA’s Architectural Control Committee (“ACC”), including ones to expand the garage and doorways, create a roundabout driveway and extract a secondary driveway for his ambulatory van.
Jimmy, who is 100% disabled, uses a cane and a manual wheelchair when operating vehicles.
“I don’t know when I’m going to have these attacks. And when I’m going to be in the wheelchair. Sometimes, I’m in that wheelchair probably four months at a time, you know?”
The secondary driveway serves as a designated space for Jimmy to park his accessible van, with sufficient room to maneuver in and out safely.
Before making any changes to a home, owners within the community are required to submit detailed plans of the proposed changes to the ACC, who then approve or denies the proposal.
“They denied us before they even saw the plans,” Miranda told Clay Today.
Court documents reveal the HOA rejected the applications because secondary driveways are only permitted on corner lots, which the Moores said they don’t live on. However, they added that this is not present in the association’s covenant.
The HOA offered instead to review applications that modified the existing driveway, adding a pathway. They also suggested an adjoining sidewalk and widening the current sidewalk.
The Moores said neither of those accommodations would’ve been safe and feasible for Jimmy, who must be able to get his heavy and large electric wheelchair from the back of the house to the street. With cars in the driveway and a van that opens from the side, Miranda said there would be no room for him to evacuate in the event of an emergency.
Miranda said the two also submitted a request for a horseshoe driveway instead, which would’ve allowed for a concrete-paved area with more mobility.
In HOA communities, residents elected to a board act on behalf of the community’s homeowners, deciding how funds will be spent and making sure rules are followed by its members, according to Britannica.com.
According to Disability Rights Florida, Florida statute says that HOAs are required to abide by the Fair Housing Act, which obligates owners and landlords to make reasonable accommodations if necessary to ensure a person with a disability has an equal opportunity to use and enjoy their home.
Jimmy said he feels that the HOA is violating his rights.
“Here’s what I want them to understand: I have just as many rights as any other resident here due to my disability. They are in violation of that because the documents I provided them clearly state that I have a disability.”
“In this community, there are several houses that have secondary driveways, so that’s not something that’s out of the wind. It’s not like we’re going to be the only ones,” Miranda added.
The Moores said that other houses within the subdivision have secondary driveways for convenience, not safety.
“It’s also like a home of [an] RV or an extra parking spot, or they can’t get into their backyard.”
After installing the second emergency driveway without the association’s approval, Jimmy and Miranda said they’ve spent around $30,000 on attorney fees to fight the ongoing legal battle.
They said they had to forfeit an attorney due to the expenses. And ruined credit, harassment, and a tarnished reputation are some of the many effects the lawsuit has caused.
“It’s just unnecessary when we know all the residents didn’t have to go through this in this community,” Jimmy said.
Clay Today reached out to the CAM Team for comment, but didn’t hear back.
Jimmy said it opens a broader discussion on HOAs in general.
It’s a question that has taken the state of Florida by storm in recent months. Should all HOAs be banned?
Miami-Dade County Rep. Juan Porras said he was considering legislation to repeal the associations, according to Newsweek.com.
Newsweek said that 9.5 million Floridians, nearly half the state’s population, live in HOA-governed communities.
More recently, questions have been raised about fairness, strict fees and heavy rule enforcement that come with living under a sanctioned community.
Some praise the enhanced appeal, while others knock the burdening monthly fees. Some appreciate the open access to premium amenities, while others disapprove of the restrictive rules.
According to Yougov.com, 61% of Americans said they would prefer to live in a neighborhood without an HOA, while 14% said they would prefer to live with one.
Jimmy and Miranda Moore said they are included in that 61%.
“I’d like to bring awareness to other people who have disabilities that are going through the same kind of struggles with their HOA.
“I don’t think the HOA should have anything to do with saying no or keeping them from having what they need, what they can afford, and what they think is right for them, what is reasonable for them,” Miranda said.